The Judiciary Vocabulary

Flashcards on The Judiciary

Judicial Review

The power of the courts to determine the constitutionality of the laws and acts of our government.

Judicial Activism

Judicial decision-making where judges allow their personal views about public policy to guide their decisions.

Judicial Restraint

Judicial decision-making where judges adhere to looking strictly into the words of the Constitution to guide their decisions.

Precedent

A ruling that can be used as an example or guide to be followed in the future.

Voting Bloc

Groups of justices on the Supreme Court who tend to take consistent positions on issues.

Writ of Certiorari

An order issued by the Supreme Court granting a hearing to an appeal.

Amicus Curiae

An individual not part of a case who assists a court by offering information on the case ('friend of the court').

Equal Protection Clause

Provision of 14th Amendment that forbids any state from denying to any person in that state their Constitutional rights.

Due Process Clause

Provision of 5th and 14th Amendment that obligates any state to provide fair procedures to safeguard the legal rights of the individual.

1st Amendment

Freedom of speech, press, religion, assembly, and petition.

2nd Amendment

Right to bear arms.

4th Amendment

Freedom from unreasonable searches or arrests.

5th Amendment

Freedom from double jeopardy and self-incrimination.

8th Amendment

Freedom from excessive bail and cruel and unusual punishment.

14th Amendment

Freedom from discrimination in states and the right to have equal protection of the law.

"Swing Justice"

A justice on the Supreme Court whose vote alternates between voting blocs.

Majority Opinion

Sets forth the decision of the court, the rationale behind the decision, and the precedent to be followed in similar cases.

Dissenting Opinion

The expressed disagreement with the majority opinion of the court.